A federal judge in Massachusetts on Thursday ordered a full civil proceeding, including a jury trial if necessary, in FERC’s enforcement of a $5 million fine for alleged market manipulation by a power generator (IN15-4).

U.S. District Judge Mark G. Mastroianni said the proceeding is necessary to preserve the due process rights of Maxim Power, which the commission said billed ISO-NE for oil-fired generation when the company was actually burning cheaper natural gas at one of its plants. (See Maxim to FERC: Prosecute or Drop Probe.)

Mastroianni said Maxim is entitled to a full de novo review, allowing it the full range of discovery, rather than be limited to reviewing FERC’s evidence.

“While respondents were free to submit evidence and responsive arguments, they were unable to seek discovery, depose witnesses interviewed by FERC, gain any insight into the presentation of the case made by FERC’s enforcement staff to the commissioners during the investigative phase or present their own witnesses,” Mastroianni wrote.

More: Law360

Court Stays EPA Haze Plan for Texas

The U.S. 5th Circuit Court of Appeals has stayed implementation of an EPA-imposed regional haze plan for Texas and rejected the agency’s motion to move the case to the D.C. Circuit Court of Appeals, agreeing with petitioners who said they “could suffer irreparable injury in the absence of a stay.”

The court was unconvinced by EPA, which said a lack of a haze plan would harm the public and visibility at national parks. The agency itself acknowledged that the federal implementation plan would not reduce emissions for at least three years, the court noted. ERCOT also expressed reliability concerns over the plan.

EPA rejected Texas’ regional haze plan as insufficient. The federal plan sets sulfur dioxide emission limits on eight coal-fired plants in the state.

More: Bloomberg BNA

BOEM to Hold Online Drilling Rights Auction

The Bureau of Ocean Energy Management will auction drilling rights for nearly 24 million acres in the Gulf of Mexico via live streaming on Aug. 24, the first time the agency has conducted a lease sale online.

“Making government data immediately available is a valuable resource for taxpayers, both in terms of dollars and cents but also in efficiency,” BOEM Director Abigail Ross Hopper said. “Through the use of technology, we can deliver our lease sale information in a much more effective and accessible way to a much wider audience.”

It will be the final lease sale in the Western Planning Area under the Obama administration.

More: Morning Consult

US Improves Ranking In Energy Efficiency

The U.S. moved up to 8th from 13th in a study of energy efficiency among nations. The country still lags behind Germany, Italy and Japan (tied for second), France, the U.K., China, Spain and South Korea, according to a report issued by the American Council for an Energy Efficient Economy.

According to the report, 23 countries account for 75% of the energy consumed on Earth. The U.S. was able to boost its ranking because of improvements in energy use per dollar of gross domestic product, as well as a change in the way energy policies are weighted in the study.

“Despite its leadership on a number of policies, the United States falls behind most of the [European Union] countries on our list in addition to China and Japan,” according to the report. “The United States still has no binding energy savings goals, unlike Germany, France, Japan and other countries, which have a national energy conservation plan in place.”

More: ACEEE

Former Employee: SoCalEd to Blame for San Onofre Leak

A report by a former engineer employed by Southern California Edison concluded that workers ran the San Onofre nuclear station near San Diego at higher temperatures and pressures than allowed, eventually causing a radiation leak that forced the plant to be permanently shut down.

Vinod Arora based his report on Nuclear Regulatory Commission documents obtained through a Freedom of Information Act request. Arora is still seeking daily control room logs from the company. “If those logs have not been destroyed, they will show immediately whether or not Edison risked the lives of 8.5 million Southern Californians by redlining the Unit 3 generators,” he said.

The company blames Mitsubishi Heavy Industries, which designed the steam generators at the plant for the problems.

More: The San Diego Union-Tribune

Nations Working on Rule to Limit HFCs

EPA Administrator Gina McCarthy said she is confident the U.S. and other countries will be able to reach an agreement on a rule limiting the release of hydrofluorocarbons (HFCs) before the end of the year. McCarthy, who is leading a U.S. delegation that includes Secretary of State John Kerry, said she has seen clear signs of progress.

Negotiators from about 200 countries are in the midst of meetings in Vienna under the Montreal Protocol, a 1987 treaty that limited the emission of hydrochlorofluorocarbons (HCFCs), which severely damage the ozone layer.

HFCs, potent greenhouse gases used as refrigerants that were developed as alternatives to HCFCs, do not fall under the original agreement, as they do not affect the ozone layer. A rule resulting from the meetings taking place would amend the Montreal treaty to include the gases. A final deal is expected to be reached in October at a meeting in Rwanda.

More: Bloomberg BNA; Reuters

White House Pledges $4.5B For EV Charging Stations

The Obama administration announced it is freeing up $4.5 billion in Energy Department loan guarantees for commercial electric vehicle charging stations.

The funds are part of the administration’s broader initiative to accelerate the use of EVs. It will also designate and develop “charging corridors” to form of a national network of stations by 2020.

The initiative to provide more stations “serves the goal of providing consumers with more comfort that they will be able to move across regions and across the country in their electric vehicles,” a White House official said.

More: The Washington Post

Navy, Dominion to Partner On 21-MW Solar Facility

The U.S. Navy and Dominion Virginia Power plan to build a 21-MW solar facility at the Navy’s Oceana Naval Air Station near Norfolk, according to the Solar Energy Industry Association.

Dominion expects the plant to be operational by the end of next year. Under the agreement, Dominion will own and operate the facility for 37 years in exchange for electrical upgrades at the base.

More: The Virginian-Pilot